Monthly Archives: December 2016

Fights break out at malls across United States

“Mall Brawls” erupt at malls across United States“You keep hearing the horror stories of the mall shootings across the nations right now,” Velle told KTVT.

“Anytime we’re hearing about a mall shooting and it’s the day after Christmas, (where) you have tons of people holiday shopping … we’re going …

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Manchester Mall Brawl One Of Many Reported Across The Country chaotic brawl that shut down the Buckland Hills mall was one of several such fights reported across the country the day after Christmas.

From Colorado to Connecticut, police reported packs of youths getting into melees that sent after-Christmas …

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Christmas Eve brawl at Lenox Square Mall caught on tape FOX6 News
Cell phone cameras were rolling when several women began beating another woman at the Topshop clothing store inside Lenox Square Mall on Christmas Eve and the video was posted to Facebook.

The video, posted by Facebook user Pablo Chulo, shows …

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Big brawl breaks out at Syracuse mall night after Christmas

Add Syracuse to the list of places in the U.S. where large fights broke out inside shopping malls the day after Christmas.

The Post-Standard of Syracuse reports a large brawl broke out Monday night on the second level of Destiny …

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Bar Brawl Christmas Night leaves one Dead

A 25 year old man is dead and several are injured in a fight at a bar in Buckley Sunday night.

The Iroquois County Sheriff’s Office says deputies and State Police officers were called to the Dutchmaster Bar on South Railroad Avenue Sunday …

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Man seriously injured after Christmas Day fight as a 100-strong brawl erupts fight lasted for an HOUR and coins were thrown at officers trying to break up the carnage.

The huge ruckus started in the early hours of Christmas Day – spilling across the street and towards a taxi rank.

Cabbies were reportedly intimidated during …

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Disgraceful scenes as fight breaks out at shopping centre on Christmas Eve fight broke out close to a queue of children waiting to meet the shopping centre’s Santa.

One shopper, known only as Larissa, told the New Jersey Journal: “I just seen a bunch of flying fists and I seen the securest guards getting punched and …

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Brawl breaks out at Louisville Walmart breaks out at Louisville Walmart

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Eli Lilly Defeats “Bellwether” Cymbalta Withdrawal Lawsuit

Eli Lilly Defeats “Bellwether” Cymbalta Withdrawal Lawsuit is always a call to check and limit insanity that harms and the growing recognition of the deceits and coercions of systemic and institutional corruption, will not cease as a result of not ‘winning’ a particular lawsuit.

Wouldn’t you look at it …

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Lilly faces first trial over claims of Cymbalta withdrawal symptoms this year, a U.S. judge dealt Eli Lilly a stinging blow after refusing to toss out lawsuits claiming that the company downplayed withdrawal symptoms linked to its blockbuster antidepressant, Cymbalta.

Now Lilly is facing the first U.S …

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Will pain reliever lead to heart attacks?

Q. Just how hard it would it be to come off Cymbalta?

I have constant “brain zaps” and ringing in my ears.

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Symptoms of Cymbalta discontinuation syndrome can be severe Duloxetine (Cymbalta) is prescribed for anxiety, depression and pain.

The Food and Drug Administration acknowledged a “Cymbalta discontinuation syndrome” in 2009.

Unfortunately, symptoms such as severe mood swings, brain zaps and neurological …

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People’s Pharmacy: Be careful when weaning off Cymbalta one ever told me just how hard it would be to come off Cymbalta.

I have constant “brain zaps” and ringing in my ears.

I get angry and break out in fits, yelling then crying.

Sunlight hurts my eyes, and loud noise makes me crazy.

I’m dog-tired, with …

Full article

Lilly chalks up a win for Cymbalta in first U.S. trial over withdrawal symptom claims in June, U.S. District Judge Stephen Wilson shrugged off Lilly’s attempts to throw out lawsuits over Cymbalta, ruling that patients raised some important questions about how the company portrayed withdrawal side effects.

Lilly is set to face the …

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Workers Comp Changes Ringing in With The New Year

New Jersey Devils “wrongfully withheld” medical records New Jersey Devils reportedly withheld medical records in a recent workers’ compensation case involving former NHL enforcer Mike Peluso.

Peluso filed for …

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New Year, New Workers’ Comp “Opt Out” Rule For Execs

Seyfarth Synopsis:
New legislation effective 2017 will expand California workers’ compensation coverage by requiring coverage for certain high-level individuals unless they affirmatively opt out and waive coverage, thereby reversing the prior rule by …

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Ninth Circuit Sides With Growers Against California FRANCISCO
Two Fresno-based farm companies have plausibly argued that a California workers’ compensation law denies them equal protection, because the Legislature may have targeted them in a law to court support from the United Farm …

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PPJ Healthcare Enterprises Inc. Closes Billing Contracts in California Workers Compensation Compounding Pharmacy

PPJ Healthcare Enterprises Inc. (OTC PINK: PPJE) has announced today that it closed two billing agreements with compounding pharmacies to provide Workers Comp. billing and lien collection.

“We have …

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California’s Workers’ Comp Division Posts Adjustments to Medical Fee Schedule

California’s Division of Workers’ Compensation has posted an order adjusting the Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) section of the official medical fee schedule to conform to the 2017 changes in the Medicare payment …

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CA Supreme Court Imposes Broad Liability for Employers

California Supreme Court Imposes Broad Liability for Employers and Premises Owners in “Take-Home” Toxic Exposure Supreme Court of California has overturned prior case law and imposed broad new liability on “employers and premises owners” in “take-home” toxic exposure cases.

In a lengthy opinion issued in the consolidated Kesner v. Superior Court and Haver v.Northern California Record …

Original story on  JD Supra Business Advisor

Ohio “Parking Lot Carry” Gun Bill Becomes Law

CHL holders may keep firearms and ammunition in their personal vehicles on employers’ premises provided:

(1) the CHL holder stays inside the vehicle with the firearm/ammunition or if he/she leaves the vehicle, the firearm/ammunition remains locked …

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Repair company denies liability in tenant’s lawsuit over black mold complaint alleges Raz Repair has a contract with Terra Properties to provide repair services to the premises and failed to repair the alleged black mold problems.

The defendant argues that the plaintiff only alleged a duty through the contract …

Original article on The Madison Record

Outdated terminology: What to do when a policy calls for ‘fire legal liability’“I have a situation where my would-be-insured is needing, because the lease states it, fire legal liability $1,000,000 and the policy we have been offered by a carrier states, “Damages To Premises Rented To You” is only $100,000.

The offering I …

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Inspector Who Fell From Ladder Supplied by Property Owner Awarded $2M

He fell off of the ladder 12 feet to the ground, breaking both of his feet and suffering orthopedic injuries.

He also suffered a compression fracture in the lumbar area of his spine that could not be corrected with surgery.

He filed a premises …

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Hillary Clinton Sued for Wrongful Death by Benghazi Victim’s Parents

Family of woman sues catering company for wrongful death family is filing a wrongful death lawsuit and seeking $1 million from the catering company that provided the food at a San Antonio Housing Authority gala …

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Family granted new trial in wrongful death lawsuit against Bozeman hospital an order filed Monday, Gallatin County District Court Judge Holly Brown granted a new trial in the lawsuit filed by Nancy and Fergus Beebe, who sued Bozeman Deaconess Health Services following the death of 51-year-old Michael Beebe in 2012.

Full article is here

IKEA To Pay $50 Million In Wrongful Death Lawsuits; Audio Excerpt To Pay $50 Million In Wrongful Death Lawsuits
IKEA will pay $50 million to the families of three children who died when the company’s dressers fell on them.

Full article is here

Brenda Thurman’s children to file wrongful death suit VALLEY, Wash.
A Spokane Valley man who accidentally shot his wife to death is facing some new legal problems.

Brenda Thurman died of a single …

Full article is here

Jim Carrey Calls STD Allegations ‘Irrelevant’ in Wrongful Death Lawsuit the latest salvo in a bitter legal battle, Jim Carrey has accused his late girlfriend Cathriona White’s mother of making irrelevant and false allegations against him in her wrongful death lawsuit.

In court documents obtained by PEOPLE, Carrey has …

For the full story on PEOPLE, click here

Christina Grimmie’s family files wrongful death lawsuit Grimmie’s family has filed a lawsuit for wrongful death and negligent infliction of emotional distress caused by the 22-year-old singer’s fatal shooting.

The lawsuit, filed Tuesday in Orlando, Florida and first reported by Billboard …

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Parents of Benghazi Victims Claim Clinton Legal Team Lied in Her Latest Court Filing August, the parents of two Benghazi victims sued Hillary Clinton, and now both sides are fighting it out in a federal court in Washington, D.C.

In the most recent filing, the parents’ attorney, Larry Klayman, accused Clinton’s legal team of lying in …

Full article is here

DOJ Wants Lawsuit Filed by Parents of Benghazi Victims Thrown Out parents filed the lawsuit against Hillary Clinton, but the DOJ is now involved because the plaintiffs are suing her based on her actions as Secretary of State during the September 11 2012 attack on the U.S. consulate in Libya.

In the motion …

Full article is here

Manslaughter charges filed in crane collapse accident

Manslaughter charges filed in Winters construction accident crane from a Dixon Fire Department engine is lowered over the scene of a fatal construction accident in May 2014 as ground crews prepare the second of two bodies to be hoisted up and turned over to the Yolo County coroner.

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After David Wichs’s Tragic Death, New York Tightens Crane Rules crane collapse that killed David Wichs last February was a result of human error, according to a report released this month by New York City.

It’s the latest development in a bitter dispute between city officials, builders and Wichs’s widow over …

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Operator errors caused crane collapse

The department said the operator failed to secure the crane the night before the accident and that he lowered the main boom of the crane at an improper angle the morning of February 5th, causing the crane to become unstable and topple over.

DOB has …

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1 injured as crane collapses at Port Townsend boat yard – KOMO News crews rushed to the scene, the Port Townsend Boat Haven in the 2600 block of Washington Street, at about 9:30 a.m. after receiving reports of a crane collapse.

The operator was found trapped in the wreckage and was extricated by firefighters, …

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Lowering the boom: City faults operator in Tribeca crane collapse investigation by the Department of Buildings has concluded that the fault for the deadly Tribeca crane collapse last February falls squarely on the shoulders of its operator, who failed to batten down the machine on the night before the crash …

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Operator Is at Fault for Fatal Crane Accident, City Finds

The operator of a crane that collapsed and killed one person in Lower Manhattan in February failed to properly lower the boom and was responsible for the accident, New York City officials said on Friday.

Original article can be seen here

Steel Beam Falls from New York City Crane, Killing 2 Workers

Department of Buildings Commissioner Rick Chandler told WABC-TV the 6,500-pound beam fell from the fourth floor onto the crane, crushing the workers.

He says rigging rope may have failed.

The cause of the accident is still being investigated, but …

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Two men injured when crane overturns first victim was flown from the scene to Kern Medical Center about an hour after the accident.

The helicopter returned to fly the second victim out after he was extricated an hour later.

The crane was being transported down a hill when became stuck …

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Police use panhandling tactics on distracted drivers

Albany police uses panhandling tactic to curb distracted driving Police Department used a new tactic to crack down on distracted driving which resulted in almost 40 citations in one day.

The Special Operations Division took to busy streets like Gillionville Road and Slappey Boulevard in plain clothes with …

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JCPD: Distracted driving campaign continuing into 2017; number of fatal car accidents down from last year that number may be slightly higher than last year, police say they have had success with lowering the number of fatal crashes.

Police say they are focusing particularly on distracted driving which is one of the leading causes of accidents in the …

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Drunk, distracted drivers causing highway holiday risks drivers, once the main target, are now part of a list of concerns. That includes drowsy, drugged or distracted drivers.

The use of cell phones has become an increasing widespread problem on the highways, when a hands free device is not connected.

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How can we design cars to reduce distracted driving? have done many posts this year about what has seemed to be the big issue of 2016, distracted walking.

It gets almost as much attention as distracted driving, which is actually a serious issue, because the people doing it are often inside a few …

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Don’t be a distracted driver — Santa’s watching! is getting ready to come the Tennessee Valley — and as you know, we have some naughty people out there who drive distracted.

Help us spread the message this isn’t safe.

Santa knows better, and so should you!

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Opinion: Are distracted drivers driving you nuts? and old, now we drive around suckling on some device to get us to our destinations or just to amuse, mildly distracted from driving skillfully enough to avoid the texting hipster stepping off the curb deafened by ear buds.

Tech companies should …

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The better way to target texting drivers: York Region police ride the bus growing number of Canadian police forces are riding public transit to catch distracted drivers.

“Being on the bus, you have the large windows and being up higher we have a very good vantage point of the drivers and their vehicles,” said Sgt. Aaron …

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Police brutality / excessive force claims continue

Woman Reports White Man Choked Her Son; Fort Worth, Texas, Police Assault, Arrest Her Instead M. Kelly with the Fort Worth Police Department’s Internal Affairs Division told that Fort Worth Police Chief Joel Fitzgerald had been made aware of the Wednesday arrests of Jacqueline Craig and her daughter Brea …

The original article can be seen here

BART police bodycam footage shows excessive force during arrest FRANCISCO
A public defender representing a man and his girlfriend who were pinned to the ground by BART police officers during an arrest in July said bodycam footage released Wednesday shows officers used excessive force, according to …

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Woman loses excessive force case against SFPD jury has ruled against a lesbian Arab-American woman who had sued the San Francisco Police Department and accused officers of using excessive force during a traffic stop.

In her lawsuit filed in the U.S. District Court for Northern California, Nyla …

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Settlement reached in San Diego police excessive force lawsuit San Diego Union
A tentative settlement has been reached in a lawsuit accusing San Diego police of using excessive force against a family at their City Heights cellphone store in 2014.

According to the lawsuit filed in San Diego federal court, officers assumed Hedy …

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New cellphone video may help clear up false accusation of police brutality cell phone video recorded by a woman, was first thought to be an example of police brutality against a 28-year-old handicapped man.

But Jim Grafton says a newly released video captures a clearer picture of what happened.

“So from this second …

The original article can be seen here

New Orleans Settles Katrina-Era Police Brutality Cases for $13.3 Million ORLEANS
Surrounded by victims’ families, City Council members and senior police leaders, Mayor Mitch Landrieu of New Orleans announced Monday that the city had reached $13.3 million in civil settlements pertaining to three major police brutality …

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New Orleans Pays $13.3M in Police Brutality Cases Orleans will pay a $13.3 million settlement to the victims and families of victims in 17 police brutality cases, the city announced on Monday.

The city was slapped with a class action from 17 plaintiffs who alleged wrongful death or injury at the …

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New Orleans mayor apologizes as city settles police brutality cases from time of Hurricane Katrina

Three police brutality cases that stemmed from incidents shortly before and after Hurricane Katrina settled for $13.3 million on Monday.

Plaintiffs include the family of Raymond Robair, 48, a handyman who was beaten to death by police in New Orleans …

The original article can be seen here

Former Chicago Mayor Gives Deposition In Police Brutality Case Mayor Richard Daley is slated to give a deposition in a federal lawsuit accusing him of ignoring evidence that a former police commander tortured …

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Cedric the Entertainer Accepts Donald Trump as President, Talks Police Brutality caught up with the comedian and asked him about his thoughts on president-elect Donald Trump and the problematic issue of police brutality.

The veteran funnyman has come to terms that in 2017 Donald Trump will be our nation’s president.

He urged …

The original post is available here

Ex-Hartford Cop in Excessive Force Probe Remains Free on Bond Spell (right), a former Hartford police officer, faced a judge Wednesday on charges he assaulted a handcuffed suspect.

A former Hartford police sergeant who is accused of stomping on the head of a handcuffed suspect was arraigned Wednesday on …

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No officer fired over excessive force complaint involving pregnant Lima woman police chief’s decision his officers acted appropriately and would not be disciplined in the August arrest of a pregnant woman captured on video that she and the NAACP said clearly shows she was assaulted was met with shock Tuesday.

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One day, two hours, two KCPD officers, two excessive-force arrests caught on video October, Manuel Palacio received a five-year prison sentence after pleading guilty to stealing a credit card by force.

On the day he walks free, though, Palacio will be a couple hundred thousand dollars richer.

That’s because the Kansas City …

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Ex-NYPD chief to stand trial in Occupy Wall Street police brutality case to Esposito’s depositions, Dekuyper was on the barrier “being loud, boisterous” and “trying to get through the barrier by pushing it out of the way, by lifting it, by throwing it at the police, pushing it toward the pole, and throwing toward …

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Lawsuit Claims County Police Officers Used Excessive Force Against 16-Year-Old Filming Brother’s Arrest lawsuit filed in U.S. District Court in Greenbelt earlier this month alleges that five Montgomery County police officers assaulted a 16-year-old Silver Spring boy who was trying to film his older brother’s arrest inside his mother’s home.

The boy …

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Lipitor Litigation’s Last Gasp?

Is This Lipitor Litigation’s Last Gasp? may have got a lucky break in the Lipitor multidistrict litigation (MDL).

The popular statin drug used to treat high cholesterol has been linked to the development of type-2 diabetes.

Based on a recent judicial order, the Lipitor MDL plaintiffs …

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Beyond Lipitor Type 2 Diabetes, a New Concern with Statins

Bangor, ME
Among the ongoing concerns over the statin Lipitor are the potential for type 2 diabetes and cognitive issues such as memory and concentration.

Atorvastatin (Lipitor) type 2 diabetes remains one of the biggest frustrations alleged in …

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Former Pfizer employee loses another bid to press illegal marketing lawsuit

A federal appeals court last week refused 1 to revive a lawsuit in which a former Pfizer employee alleged the company promoted off-label use of its Lipitor cholesterol pill.

In doing so, however, the court also raised a question about the extent to …

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Over 2400 Lipitor Diabetes Lawsuits Filed in Federal Court, More Expected against Pfizer alleging that its blockbuster cholesterol drug Lipitor (atorvastatin) – a statin taken by millions of Americans – caused Type 2 diabetes continue to mount, as the first bellwether cases in federal multidistrict litigation (MDL …

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Pfizer Wins Lipitor Lawsuit in Australia

Melbourne, Australia Pfizer may have lost its motion to dismiss in Lipitor lawsuits in the US, but the drugmaker is celebrating a victory in Australia.

An Australian consumer watchdog filed a Lipitor lawsuit against Pfizer, alleging the company engaged …

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Pfizer’s Attempt to Toss Lawsuits in Lipitor Diabetes Lawsuits MDL Rejected

Charleston, SC The manufacturer of Lipitor recently attempted to cast off 10 atorvastatin type 2 diabetes cases in the Lipitor Diabetes Lawsuits MDL on grounds that failure-to-warn claims made by the plaintiffs were preempted by federal regulation …

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Pfizer Can’t Duck 10 Lipitor Diabetes Claims

A South Carolina federal judge on Monday nixed Pfizer Inc.’s attempt to duck 10 cases in multidistrict litigation over claims that its cholesterol drug Lipitor can cause diabetes, saying that their …

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Lipitor Lawsuits Climbing but Pfizer Digging In

New York, NY As the number of cases in the Lipitor Diabetes Lawsuits MDL continue to spike, Lipitor manufacturer Pfizer Inc. continues to position itself following the expiration of its patent in November 2011. One of those moves, as evidenced by a …

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Pfizer, Ranbaxy win dismissal of lawsuit over generic Lipitor Inc and India’s Ranbaxy Laboratories Ltd on Friday won dismissal of a U.S. antitrust lawsuit accusing them of conspiring to delay sales of generic versions of the best-selling cholesterol drug Lipitor. U.S. District Judge Peter Sheridan in …

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Supreme Court Confirms Expert Testimony Requirement

Supreme Court Confirms Expert Testimony Required to Establish Causation in Legal Mal Cases the recent case of Bozelko v. Papastavros, 323 Conn. 275 (Sept. 27, 2016), the Connecticut Supreme Court ruled that expert testimony is required to establish the element of causation in a legal malpractice case.

Thus, even where an attorney’s …

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Trustee Lacks Standing to Assert Legal Malpractice Claims on Behalf of Debtors

The Massachusetts Bankruptcy Court (Panos, J.) dismissed an adversarial proceeding complaint brought against debtor’s counsel which alleged legal malpractice.

The trustee alleged that debtor’s counsel committed malpractice and asserted that the legal …

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Things to Think About Before Suing a Client Over Past-Due Bills California, attorneys sometimes wait until after the statute of limitations for legal malpractice has expired to demand payment of unpaid fees because the time to sue for breach of contract is generally much longer than the time to sue for malpractice.

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California Appellate Court Analyzes When Attorney-Client Relationship Ends Stopping Tolling Of Statute Of

A California appellate court issued a unanimous opinion in October providing guidance regarding the tolling provision for continued representation as to legal malpractice claims, as set forth in section 340.6 of the California Code of Civil Procedure …

Original article can be seen here

Syracuse University accuses longtime law firm Bond, Schoeneck & King of malpractice law firm still represents the university in other legal matters, according to a source connected to SU.

In negotiating a contract for the bookstore, Bond, Schoeneck & King lawyers “violated ethical rules, professional standards and fiduciary duties …

Original article can be seen here

The Professional Judgment Rule or ‘Qualified Immunity’ is, the professional judgment rule is effectively an affirmative defense precluded for adjudication upon preliminary objections except where the complaint clearly begs that defense (for example, a complaint alleging legal malpractice for an …

Original article can be seen here

Third Circuit upholds trial court ruling in legal malpractice action
A panel of appellate judges has recently ruled to affirm a trial court’s decisions on the subjects of judgment on the pleadings and a denial of a motion for reconsideration in a legal malpractice litigation.

On Nov. 10, judges Michael A.

Original article can be seen here

50 Cent to Receive $14.5 Million in Legal Malpractice Suit Victory Cent (real name Curtis Jackson) has settled a malpractice lawsuit with his former lawyers and will receive $14.5 million — but it’s unlikely 50 Cent will see any of that award, as most of it will go toward satisfying the $23 million bankruptcy …

Original article can be seen here

SC Supreme Court extends Statute of Limitations in Lawyer Malpractice

21 at 17), reversed precedent and adopted a hybrid rule for the statute of limitations defense involving legal malpractice claims. Stokes-Craven, an automobile dealership, was sued in an automobile fraud case. Stokes-Craven hired Robinson to defend it …

Original article can be seen here